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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Brexit, the Leavocrats


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A programme is coming up on BBC Radio 4 that sounds as if it will be genuinely informative about Brexit. It's "Brexit, The Leavocrats". In it former head of the Civil Service, Gus O'Donnell, goes behind the scenes at the Department for Exiting the EU to find out what's going on. The programme airs on Wed morning (31 Aug) at 11.00 a.m. http://www.bbc.co.uk/programmes/b07qbcb6

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To be honest it will mean nothing in reality. The UK cannot negotiate any trade deals etc until Article 50 has been triggered as that is Treaty Law

 

Can you put in a link to that law please ?

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That's not a link to the article ?

 

That is just the initials of the "Reform Treaty", the one welcher Gordon Brown promised we could have a referendum on and then refused us.

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Under the terms of the T.F.E.U a member state cannot negotiate its own seperate trade deals as all member states are equal. Similarly, individual member states cannot make trade deals with third countries on their own.

 

Because the UK will remain a full member of the EU throughout the negotiating period set out in Article 50, it could only formally sign trade deals with other countries once it has left.

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Thanks legalistic at least someone knows what a link is.

 

I see nothing whatsoever in there about it being law you cannot negotiate a trade deal:

 

Article 50

 

 

1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.

 

2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.

 

3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.

 

4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it.

 

A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.

 

5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.

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Incidentally, there was a trail of Brexit the Leavocrats on Radio 4 yesterday. Gus O'Donnell was interviewed.

He was of the opinion that we need a firm idea of what kind of entity we wish to be outside of the EU before we start negotiating.

 

He basically said that we don't yet have a clue as to what we want !

That makes sense given that Brexit was essentially an "I hate all foreigners" campaign.

 

Apologies for the way my text won't come out in paragraphs. I've tried everything.

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Theresa May is in a very difficult position of knowing that the Brexit process will prove to be very difficult and there will be many heated arguments. She has to try to keep as many people as happy as possible and at the moment she has no alternative but to say they are going ahead with Brexit to support the democratic vote. When anyone says that Parliament will attempt to block it or suggests another referendum, she has to get no.10 officials to make a statement saying it won't happen, Brexit is proceeding ahead etc. She has no choice.

 

My opinion for what it is worth, after reading a number of different articles, is that Brexit is unlikely to happen before the date of the next election in May 2020. Article 50 may not be triggered until late in 2017, if they wait for outcomes of elections in several EU country elections. It may not be triggered until 2018 or at all. Government have got quite a lot of work to do, looking at their negotiating positions on a huge number of issues. They have to understand the needs of businesses and rights of people etc. It is going to be very complex, once they get down to looking at the details. It is going to take much longer than the 2 years that article 50 initially allows. Why trigger article 50, until you have a clear position of what you want to achieve that meets all of your objectives ?

 

They might eventually get to a position, where circumstances mean that a government has to offer another referendum. No one can rule this out.

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Another cause for debate is that in my opinion another Referendum will be needed by statute. That statute being the European Union Act 2011 and the referendum lock.

 

That stipuates that any renegotiation of any new Treaties with the EU before ratification will require a referendum.

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Have a look at http://www.eureferendum.com there exit options are explored. Far more sensible than the chuntering coming out of the Westminster and Brussels bubbles.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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To quote Donald Rumsfelds famous press conference.

 

" Reports that say that something hasn't happened are always interesting to me, because as we know, there are known knowns; there are things we know we know. We also know there are known unknowns; that is to say we know there are some things we do not know. But there are also unknown unknowns – the ones we don't know we don't know. And if one looks throughout the history of our country and other free countries, it is the latter category that tend to be the difficult ones "

 

I think the current Brexit position is pretty well summed up by this.

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You nailed it to a tee UB.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Gina Miller's legal challenge on the whole Brexit matter, which is scheduled for a hearing in mid-October, should be interesting and might go to the Supreme Court: http://uk.reuters.com/article/uk-britain-eu-legal-idUKKCN10119V I'm also wondering whether, before the referendum, the government complied with s7(1) of the European Referendum Act 2015 by supplying all the information the electorate needed in order to make its decision: http://www.legislation.gov.uk/ukpga/2015/36/section/7/enacted

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